Human Resource Blog

Laid off and Pregnant

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Recently my employer cut my pay in half (he said because I am pregnant and can no longer lift or move items in the store, which was never in my contract of duties.) About two months later, told me he had to lay me off because of economic hardships (I was the only employee to be let go and have been there longer than others and had generated more in sales than the others as well). He also said that I could come back to work after the baby was born, if business was picking up….He said that he did not lay me off due to performance, that I was one of the best employees he has had. He had also told me that he was keeping another (male) employee because he could do more tasks than myself. I am 5 months pregnant and chances for me landing another job are very slim….Do I have legal rights to sue?

From your description, it sounds as if the employer is discriminating against you because you are pregnant. That’s a violation of both the ADA (Americans with Disabilities Act) and the PDA (Pregnancy Discrimination Act.) You may very well have a legal right to sue, but before you do that, contact the EEOC  (the federal Equal Employment Opportunity Commission.) The EEOC will conduct an investigation to see if your employer has discriminated against you based on your pregnancy. If they find he has, they will file a lawsuit on your behalf, for free. However, the EEOC doesn’t accept complaints if the employee has already filed a suit — so contact them first.